-
The issue of child support shall be properly resolved in accordance with articles 29 and 30 of the "Marriage Law of the People's Republic of China" and relevant legal provisions, proceeding from the benefits of the children's physical and psychological health, protecting the lawful rights and interests of the children, and taking into account the specific circumstances of both parents' ability to raise and the conditions for raising them. On the basis of the above principles, combined with trial practice, the following specific opinions are put forward:
1. Children under the age of two generally live with their mothers, and if the mother has any of the following circumstances, she can live with her father:
1) Suffering from incurable infectious diseases or other serious diseases, and the children are not suitable to live with them;
2) There are conditions for raising children who do not fulfill their obligation to support them, and the father requires the child to live with him;
3) The child is unable to live with the mother due to other reasons.
2. Where both parents agree that a child under the age of two lives with the father and there is no adverse impact on the healthy growth of the child, it may be permitted.
3. For children over the age of two years, both the father and the mother request to live with them, and one of the following circumstances may be given priority:
1) Have undergone sterilization or have lost their fertility due to other reasons;
2) The child has lived with the child for a long time, and the change of living environment is obviously detrimental to the healthy growth of the child;
3) There are no other children, and the other party has other children;
4) The child lives with him/her, which is beneficial to the child's growth, but the other party suffers from an infectious disease or other serious disease that cannot be cured for a long time, or has other circumstances that are not conducive to the child's physical and mental health, and it is not suitable to live with the child.
4. The conditions for the father and the mother to raise the child are basically the same, and both parties require the child to live with the child, but if the child has lived alone with the grandparents for many years, and the grandparents request and have the ability to help the child take care of the grandchild or grandchild, it may be considered as a priority condition for the child to live with the father or mother.
5. In the event of a dispute between the parents over the age of 10 over that a minor child over the age of 10 should live with his or her father, the child's opinion shall be taken into account.
6. On the premise that it is conducive to protecting the interests of the children, where both parents agree to take turns raising the children, it may be permitted.
7. The amount of child support may be determined according to the actual needs of the children, the affordability of both parents and the actual living standards of the locality.
For those with a regular income, child support payments can generally be paid at the rate of 20 to 30 per cent of their total monthly income. Where two or more children are responsible for raising expenses, the proportion may be appropriately increased, but generally must not exceed 50 percent of the total monthly income.
If there is no fixed income, the amount of child support may be determined on the basis of the total income of the year or the average income of the same industry, with reference to the above proportions.
If there are special circumstances, the above proportion may be appropriately increased or decreased.
-
Let's see which of you two loves children more, and who can take better care of children and give them a warm home.
-
It depends on what you mean, who has the ability.
-
Legal analysis: If two couples divorce two daughters, they will generally be sentenced to one for each of the two children. Divorce grant child custody depends on the following aspects:
1. Children under the age of two generally live with their mothers; 2. There are no other children, and the other party has other children; 3. It is not appropriate for the child to live with the child, which is beneficial to the child's growth, but the other party is suffering from a long-term infertility infectious disease or other serious disease, or has other circumstances that are not conducive to the child's physical and mental health.
Legal basis: Article 1084 of the Civil Code of the People's Republic of China The relationship between parents and children is not extinguished by the divorce of the parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother.
After divorce, parents still have the right and obligation to raise, educate and protect their children.
After the divorce, children under the age of two years shall be raised directly by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.
-
When a husband and wife divorce, the child will generally be awarded to the spouse who has better economic conditions and can bring a good education to the child, and at the same time, it also refers to the child's personal wishes and usually has deep feelings for the child. Because the most hurtful thing about the divorce of the couple is the child, in line with the responsibility of protecting the minor child, try to tilt towards the child, hoping that the child can grow up healthily.
30 days.
Legal basis: Article 1077 of the Civil Code of the People's Republic of China provides that within 30 days from the date of receipt of the application for divorce registration by the marriage registration authority, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority. >>>More
Even if both parties agree to divorce and can reach a consensus through consultation, according to the legal provisions of the Marriage and Family Section of the Civil Code, they cannot be divorced immediately, and there needs to be a 30-day cooling-off period, and the procedure for divorce by mutual agreement is as follows: >>>More
No, you don't need ...
Each has its own life ... >>>More
Two people who have no children must divorce is not necessarily, but the probability of divorce is relatively high, it depends on whether both parties are Dink or have problems, if there is a disease, the current technology can also be overcome, if one party does not want children and the other party wants, then divorce is a matter of time!
It's good to be respectful, but if it's too polite, it will seem unfamiliar, and this kind of intangible thing must rely on yourself to grasp the reasonable scale. There is no good or bad conclusion.